HomeMy WebLinkAbout1996-06-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 27, 1996
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:10 p.m.
H. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tem Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Walter H. Snyder
Excused Absence:
Councilman Buford A. Crites
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Mary P. Gates, Deputy City Clerk
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, Redevelopment Agency Executive Director
John Wohlmuth, ACM/Director of Administrative Services
Phil Drell, Director of Community Development
Paul Gibson, City Treasurer/Finance Director
Evelyn Bridges, Acting Director of Code Compliance
Lisa Constande, Environmental Conservation Manager
III. ORAL COMMUNICATIONS - A
None
IV. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 13, 1996.
Rec: Continued to the meeting of July 11, 1996.
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7 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 53 and 54.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ruth's Chris Steak House
20 Inc. for Ruth's Chris Steak House, 74-040 Highway 111, Building A, Ste. G-I, Palm
Desert.
Rec: Receive and file.
D. REQUEST FOR AWARD OF CONTRACT for Street Resurfacing Program (Contract No.
C11050, Project No. 762-96).
Rec: By Minute Motion: 1) Award Contract No. C11050 to Granite Construction
Company of Indio, in the amount of $389,983.00 for the Street Resurfacing
Program (Project No. 762-96) and authorize a ten percent contingency of
$28,998.30; 2) authorize the Mayor to enter into an agreement with Granite
Construction Company.
E. REOUEST FOR AWARD OF CONTRACT for Installation and Modification of Emergency
Vehicle Pre-Emption Systems at Seven Locations (Contract No. C11320, Project No. 559-
96).
Rec: By Minute Motion, award Contract No. C11320 to Paul Gardner Corporation of
Ontario, California, in the amount of $36,477.00 plus a ten percent (10%)
contingency of $3,647.70 and authorize the Mayor to execute the agreement.
F. REOUEST FOR AWARD OF BID for 1000 Gallon Fuel Tank and Installation.
Rec: By Minute Motion, award the bid for a 1000 gallon fuel tank and installation at
Fire Station #33 Town Center to G & M Construction of Palm Springs, in the
amount of $10,875.00.
G. REOUEST FOR AWARD OF BID for City -Wide Catch Basin Cleaning (Contract No.
C11310).
Rec: Removed from the Consent Calendar for separate discussion under Section VII,
Consent Items Held Over. See that section for Council discussion and action.
H. REOUEST FOR AWARD OF BID for City -Wide Sidewalk Grinding (Contract No. C11240).
Rec: Removed from the Consent Calendar for separate discussion under Section VII,
Consent Items Held Over. See that section for Council discussion and action.
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I. REOUEST FOR AWARD OF BID for Cahuilla Park Tennis Court Lighting Replacement
(Contract No. C1123Q).
Rec: By Minute Motion, award the bid for the Cahuilla Park Tennis Court light
replacement to Az -Tech Electric of Palm Desert in the amount of $12,300.00.
J. REQUEST FOR AWARD OF CONTRACT for Traffic Signal Installation, Street
Improvements, and Striping Modifications at Three Locations (Contract No. C11060).
Rec: Removed from the Consent Calendar for separate discussion under Section VII,
Consent Items Held Over. See that section for Council discussion and action.
K. REQUEST FOR APPROVAL of Agreement with MuniFinancial Services - Palm Desert
Financing Authority, Assessment Districts 83-1, 841-R, and 87-1 (Contract No. C10541).
Rec: By Minute Motion, agree to adopt and Mayor to execute the Agreement to Provide
Continuing Disclosure Services for the City of Palm Desert Financing Authority,
1995 Revenue Bonds, Assessment Districts 83-1, 841-R, and 87-1.
L. REQUEST FOR APPROVAL of Agreement with MuniFinancial Services to Provide
Financing District Information for Assessment Districts 82-1, 94-1, 94-2, 94-3 (Contract No.
C11380).
Rec: By Minute Motion, agree to adopt and Mayor to execute the Agreement to Provide
Financing District Information Sheets for Assessment Districts 92-1 (Sierra Nova),
94-1, Series A (Big Horn), 94-2 (Sun Terrace), and 94-3 (Merano).
M. REOUEST FOR APPROVAL of Agreement with MuniFinancial Services for CFD 91-1
(Contract No. C11390).
Rec: By Minute Motion, agree to adopt and Mayor to execute the Agreement to Provide
Continuing Disclosure Services for the City of Palm Desert Community Facilities
District No. 91-1 (Indian Ridge).
N. L.t i ILK QF RESIGNATION from Mary J. Leimkuhler from the Civic Arts Committee.
Rec: Receive with sincere regret.
O. REOUEST FOR ADDITIONAL APPROPRIATION for El Paseo Business Association
(EPBA).
Rec: By Minute Motion, ratify appropriation approved at meeting of April 11, 1996,
from $30,000 to $36,400 or less from EPBA Fund unobligated reserve, depending
on amount of cash available at the end of the fiscal year.
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P. SCHEDULE OF INVESTMENTS as of May 31, 1996.
Rec: Receive and file.
Councilman Spiegel moved to, by Minute Motion, remove Item A from the Consent Calendar and
continued to the meeting of July 11, 1996. Motion was seconded by Kelly and carried by unanimous vote.
Councilmember Benson asked that Items G and H be removed for separate discussion under Section
VII, Consent Items Held Over, of the Agenda. Councilman Spiegel asked that Item J also be
removed for separate discussion.
Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved
by unanimous vote of the Council.
V. RESOLUTIONS
A. REOUEST FOR CONSIDERATION OF RESOLUTION GRANTING THREE YEARS
ADDITIONAL SERVICE CREDIT FOR ELIGIBLE MEMBERS WHO MEET PERS
CONDITIONS.
Mr. Diaz noted the resolution in the packets and stated that Mr. Wohlmuth was available to
answer any questions.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-39. Motion was
seconded by Kelly and carried by unanimous vote.
B. REOUEST FOR CONSIDERATE& OF RESOLUTION AMENDING THE REPORTING
OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO PERS.
Mr. Diaz noted the report in the packets and offered to answer any questions.
Councilman Kelly moved to waive further reading and adopt Resolution No. 96-40 giving notice
of the City's intention to commence reporting the value of employer paid member contributions to PERS.
Motion was seconded by Benson and carried by unanimous vote.
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VI. ORDINANCES
For Introduction:
A. ORDINANCE NO. 808 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 644 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Monterey Avenue between Clancy Lane/Avenida Del Sol
and Park View Drive; Monterey Avenue between Country Club Drive and Clancy
Lane/Avenida Del Sol).
Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer
any questions.
Councilman Kelly moved to waive further reading and pass Ordinance No. EQ$ to second reading.
Motion was seconded by Spiegel and carried by unanimous vote.
B. ORDINANCE NO. 809 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF
PALM DESERT.
Mr. Diaz stated that this is part of the Memorandum of Understanding approved by the
Employees' Organization. He noted that Mr. Wohlmuth was available to answer any
questions.
Mr. Erwin noted that this was an urgency ordinance and, therefore, required four affirmative
votes to pass.
Councilman Kelly moved to waive further reading and adopt Ordinance No. En modifying the City
of Palm Desert contract with PERS to include 2 % at 55. Motion was seconded by Spiegel and carried by
unanimous vote.
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For Adoption;
A. ORDINANCE NO. 801- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 8.70 OF THE PALM DESERT
MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE.
Mr. Diaz noted that this had been introduced at the last meeting and that the only changes
were those indicated by staff and the Council at that meeting. He recommended adoption.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 801. Motion was
seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 803 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 644 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Country Club Drive from Monterey Avenue to Eldorado
Drive).
Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he
recommended its adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 803. Motion was
seconded by Spiegel and carried by unanimous vote.
C. ORDINANCE NO. 804 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 650, AMENDING
ORDINANCE NO. 526, AND AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Deep Canyon Road from
Magnesia Falls Drive to Fairway Drive).
Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he
recommended its adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. $44. Motion was
seconded by Spiegel and carried by unanimous vote.
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D. ORDINANCE NO. 805 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 644 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Fred Waring Drive from Highway 111 to Cook Street).
Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he
recommended its adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. $Q5. Motion was
seconded by Spiegel and carried by unanimous vote.
E. ORDINANCE NO. 806 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY PREZONING PART OF THE NORTHEAST QUARTER OF
SECTION 5, T5S R6E, O.S. (OPEN SPACE) FOR 80 +/- ACRES GENERALLY
LOCATED ON THE SOUTH SIDE OF FRANK SINATRA DRIVE, WEST OF PORTOLA
AVENUE (SANTA ROSA COUNTRY CLUB), Case No. C/Z 96-3.
Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he
recommended its adoption. Upon question by Councilman Kelly, Mr. Diaz responded that
while this would be zoned Open Space, the clubhouse was a permitted use in the Open Space
zone.
Councilman Kelly moved to waive further reading and adopt Ordinance No. B.M. Motion was
seconded by Spiegel and carried by unanimous vote.
F. ORDINANCE NO. 807 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-3 (MULTIFAMILY
RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL), Case No. C/Z 96-2.
Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he
recommended its adoption.
Upon question by Councilman Spiegel, Mr. Drell responded that the only remaining parcels
in the block between San Pablo and San Pascual not zoned Office Professional were the
relatively new apartments in the middle of the block.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. BM. Motion was
seconded by Kelly and carried by unanimous vote.
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VII. CONSENT ITEMS HELD OVER
G. REQUEST FOR AWARD OF BID for City -Wide Catch Basin Cleaning (Contract No.
C11310).
Councilmember Benson questioned this item as well as Item H and expressed concern that
one of the local bidders was so far off on both bids. She asked whether the bidder
understood the bid or if there was something else wrong.
Mr. Folkers responded that it was his understanding that Tom Ratsler had talked to
prospective bidders and explained what was involved with these bids. He said staff had
hoped the low bid would be from a local company. He added that the high local bidder had
other projects with the City. He said he would research the matter with the local bidder to
find out what happened and would then report back to the Council.
Councilmember Benson added that it might be worthwhile to let them know that the Council
was concerned with the large difference in the bids because it likes to do business locally.
Councilmember Benson moved to, by Minute Motion, award the bid for City-wide basin cleaning
to SRD Construction, Inc. of Yorba Linda, California, in the amount of $28,810.00 at the rate of $67.00
per unit and provide for a ten percent contingency in the amount of $2,880.00. Motion was seconded by
Kelly and carried by unanimous vote.
H. REQUEST FOR AWARD OF BID for City -Wide Sidewalk Grinding (Contract No. C11240).
See discussion for Item G above.
Councilmember Benson moved to, by Minute Motion, award the bid for City-wide sidewalk
grinding to Concrete Grinding Company of Corona, California, in the amount of $20,400.00 at the rate of
$34.00 per location and provide for a ten percent contingency in the amount of $2,040.00. Motion was
seconded by Kelly and carried by unanimous vote.
J. REQUEST FOR AWARD OF CONTRACT for Traffic Signal Installation, Street
Improvements, and Striping Modifications at Three Locations (Contract No. C11060).
Councilman Spiegel stated that his question was not whether these signals are needed but what
they will do to the traffic on Hovley. He said there are already problems on Hovley because
of traffic, speed, etc, and he expressed concern that putting in three additional signals on
Country Club would cause people to use Hovley instead so they could avoid the signals.
Councilman Kelly noted that there were already stop signs at these locations, and putting in
signals would help keep the traffic moving. He said he felt that rather than pushing traffic
onto Hovley, the signals on would encourage people to travel on Country Club, especially
when the signals are synchronized.
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Mr. Folkers added that staff planned to interconnect those three signals and eventually have
all of the signals on Country Club interconnected.
Councilman Spiegel suggested that staff relay that information to the people who came to the
Council and expressed concern about the Hovley area. Mr. Folkers responded that staff
would do that.
Councilman Spiegel moved to, by Minute Motion, award Contract No. C11060 to Sierra Pacific
Electrical Contracting of Riverside, in the amount of $397,919.85 plus a ten percent contingency of
$39,791.99, authorize the Mayor to execute the agreement, and authorize the appropriation of $45,609.84
from the unobligated traffic signal reserve to the appropriate project accounts as listed in the staff report.
Motion was seconded by Kelly and carried by unanimous vote.
VIII. NEW BUSINESS
A. RE* I_FST FOR ALLOCATION OF $15,000 FOR CIVIC CENTER TOT LOT SHADING.
Mr. Drell reviewed the staff report and offered to answer any questions.
Councilmember Benson moved to, by Minute Motion, approve the Civic Center Tot Lot shading
proposal with the teal color of shading and allocate $15,000 from Fund 233 for the purchase and installation
of two shade structures from Shade Concepts, Inc. Motion was seconded by Kelly and carried by
unanimous vote.
B. PRESENTATION RELATIVE TO THE PALM SPRINGS DESERT MUSEUM.
Ms. Patty Newman, Chair of the Government Relations Subcommittee of the Palm Springs
Desert Museum, updated the Council on the Palm Springs Desert Museum and distributed
informational packets to each Councilmember. She noted that the Museum was open from
Tuesday through Sunday, with the first Friday of each month open free of charge from 10:00
a.m. to 8:00 p.m. She added that starting in September, the Museum will be open year-
round.
C. REQUEST FOR CONSIDERATIO$ OF PROPOSED ACTIONS RELATING TO
ASSUMPTION OF PROPERTY AND CONTRACTS AND THE EXECUTION OF
APPROPRIATE DOCUMENTS FOR PALM DESERT WATER & SERVICES DISTRICT.
Mr. Diaz noted the report in the packets and offered to answer any questions.
MS. KATHLFFN KOPP, 44-870 Cabrillo, stated that she felt this was a win situation for
everyone concerned, residents and the City alike. She expressed concern with action taken
by the Palm Desert Water & Services District Board on June 19th relative to the waste
contract and said she felt it was unexplainable but not surprising. She asked that the Council
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direct staff to challenge the actions taken and said she and other residents were available to
help in any way possible. She stated that the dissolution of the District was effective on
Monday, July 1, 1996, and she felt that two highly professional organizations were taking
over this district — the City of Palm Desert and the Coachella Valley Water District. She
expressed confidence in both organizations and again stated that she would do whatever she
could to help.
Councilman Kelly moved to waive further reading and adopt Resolution Nos. 96-41 and 96-42
regarding the dissolution of Palm Desert Water and Services District. Motion was seconded by Spiegel and
carried by unanimous vote.
D. REOUEST FOR APPROVAL OF CONTRACT WITH WILKINSON & PARTNERS FOR
ADVERTISING SERVICES FOR FISCAL YEAR 1996/97 (Contract No. C1140)).
Mr. Diaz noted the report in the packets.
Councilman Spiegel moved to, by Minute Motion, approve Contract No. C11400 with Wilkinson
& Partners for Fiscal Year 1996/97 advertising services. Motion was seconded by Benson and carried by
unanimous vote.
E. REQUEST FOR APPROVAL OF CONTRACT WITH PUBLICITY UNLIMITED FOR
NEWS BUREAU SERVICES FOR FISCAL YEAR 1996/97 (Contract No. C 11410).
Mr. Diaz noted the report in the packets.
Councilman Spiegel moved to, by Minute Motion, approve Contract No. C11410 with Erika
Ziegenfus Byrd, dba Publicity Unlimited, for FY 1996/97 News Bureau services. Motion was seconded by
Benson and carried by unanimous vote.
F. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
Mr. Folkers stated that the contractor should begin work on this project around
the middle of July, and the interchange should be operational in January or
February of 1998.
b. I-10/Cook Street
Mr. Folkers sated that this project was approximately 50% complete and that
the goal completion date was February of 1997.
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c. I-10/Monterey Avenue
Mr. Folkers noted that this project was approximately 31% complete.
Upon question by Councilman Spiegel, he responded that the bridge on
Monterey at the Wash should be completed by December of 1996.
2. Proposed Solid Waste and Recycling Rate Structure.
Ms. Constande noted that while the City Council adopted a resolution allowing
residential customers to be billed $10.48 per month, the customers were actually being
billed $10.58 per month which was okay because it included a pass through for the
landfill tipping fee. She said the residents were not being overcharged; it was just that
a second resolution was never brought to Council for adoption, and it needed to be
done now to reconcile the error.
Mr. Wohlmuth stated that in June of 1994 the City Council adopted a resolution for
CPI. At that time, the landfill tipping fee went from $34.50 per ton to $38.50 per
ton. The County Board of Supervisors estimated that the increase would be $3.00 per
ton; Waste Management recommended a rate increase for the tipping fee pass through
to be $3.00 per ton, and that is the resolution that was adopted by the City Council.
Late in June of 1994, the Board of Supervisors changed that recommendation to $4.00
per ton. That increase was not passed on through the rate structure. The new rate
structure would correct the tipping fee of $37.50 versus $38.50 per ton. He said the
final resolution on the $1.00 increase was never brought to the City Council, but
Waste Management had been charging the pass through correctly. He added that staff
would recommend at the July llth meeting that that be corrected. He noted that the
County was dropping the tipping fee this year $8.50 per ton, and the correction should
be relatively easy. He added that the rest of the rate structure would also be before
the Council on July 1 lth and would include both the automated service and the normal
residential collection for the gated communities as they proceed into the automated
system.
Ms. Constande stated that Waste Management has an opportunity once a year to come
before the City Council and request a Consumer Price Index (CPI) increase. The
contract allows 50% of CPI, and Waste Management was requesting that 50% of CPI
for this year. She noted that they did not request this increase last year because of
negotiations between the City and Waste Management. She stated that during
negotiations, the Council approved a conceptual rate structure but did not wish to
adopt a resolution until the automated system was initiated. She said she would also
bring before the Council some rates that other cities had negotiated with Waste
Management of the Desert for automated service.
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•
Councilmember Benson questioned the life expectancy of the containers. Ms.
Constande responded that there was a ten-year manufacturer's guarantee on the lids,
the parts, and the wheels, and Waste Management would be responsible for repairs.
She said the residents would just have to phone Waste Management, and someone
would be there to do the repairs within 72 hours.
Councilman Spiegel suggested that this information be included in the newsletter so
that residents know if they have problems with the containers they can call Waste
Management to have them repaired.
Mayor Snyder stated that he had received several telephone calls from people who had
paid their collection bills several months in advance and were concerned about what
would be done now that the monthly bills would be less because they had paid the
higher bills in advance. He asked if this would be corrected. Ms. Constande
responded that she and Mr. Wohlmuth had spoken with representatives of Waste
Management, and that would be credited back to those homeowners on July 1. She
added that if residents only wish to pay for one month or two months, they just need
to call Waste Management. A confirmation letter will then be sent to the residents,
and their billing cycles will be changed. She added that gated communities were the
next to have automated collection.
3. Risk Management.
Mr. Ken Weller gave a slide presentation on the Risk Management program and
offered to answer any questions.
IX. CONTINUED BUSINESS
None
X. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF PALM DESERT LIBRARY FOUNDATION.
Mr. Diaz reviewed the staff report, noting that creation of the Foundation was to assure that
citizens wishing to contribute to the public library could do so directly.
Councilman Spiegel moved to, by Minute Motion, instruct staff to create the Palm Desert Library
Foundation in order to assure that citizens wishing to contribute to our public library can do so directly.
Motion was seconded by Benson and carried by unanimous vote.
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XL REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin noted the items listed on the Agenda for Closed Session.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9:
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases:
Initiation of litigation pursuant to subdivision (c):
Number of potential cases:
Conference with Real Property Negotiator pursuant to Section 54956.8:
Property: Southeast corner of Portola Avenue and Hovley Lane East
APN: 624-040-024
Negotiating Parties:
Agency: Richard J. Folkers, Director of Public Works
Property Owner: F.X. McDonald
Under negotiation: . Price Terms of Payment
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
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o City Council Committee Reports:
1. Councilmember Benson stated that despite what might have been in the
newspapers regarding the McCallum Theatre, she had gone the previous week,
and the Theatre was packed. She said there was a standing ovation, and the
group played until well after 11:00 p.m. Upon question by Councilman
Spiegel relative to credit given to the City in the brochure that was handed out,
she responded that the brochure had been published before the Theatre had
time to correct it and give appropriate credit to the City. She added that the
ad in the newspaper had credit given to the City on the top headline.
XII. ORAL COMMUNICATIONS - B
None
Upon motion by Spiegel, second by Kelly, and unanimous vote of the Council, Mayor Snyder
adjourned to meeting at 5:15 to Closed Session. He reconvened the meeting at 7:00 p.m.
XIII. COMPLETION OF ITEMS HEIR OVER FROM 4:00 P.M. SESSION
None
XIV. ORAL COMMUNICATIONS - C
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF CERTIFICATES OF APPRECIATION TO PARTICIPANTS WHO
HAVE COMPLETED ONE YEAR IN THE STUDENT WORK PROGRAM.
Mayor Snyder and City Manager Diaz presented certificates to the following students who
completed on year in the Student Work Program: William Bugh, Brianna German, Kristin
Olinger, and Michael Adkins.
B. PRESENTATION TO MRS. MARY LEIMKUHLER FOR HER SERVICE ON THE CITY'S
CIVIC ARTS COMlvu i i r r..
Ms. Leimkuhler was not able to attend the meeting to receive her award.
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XVL PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF COMMUNICATION TOWERS ABOVE THE HEIGHT
LIMIT IN THE ZONES IN WHICH THEY ARE LOCATED, Case Nos. 420C. 422C. and
425C, Pacific Bell Mobile Services, Applicant (Continued from the Meeting of May 23,
1996).
Mayor Snyder noted that this public hearing had been continued from the meeting of May 23,
1996, and was still open. He noted that Council's intent was to continue the matter to its meeting
of Iuly 11, 1996, and he invited testimony in FAVOR of or OPPOSED to this request. No
testimony was offered.
Mr. Drell noted that a letter had been received from the applicant agreeing to the
continuance. He reviewed the three sites now being proposed by the applicant for towers,
including in the Cook Street industrial area next to the cable television antenna, the Palm
Desert Town Center, and next to the railroad tracks. He added that the Architectural Review
Commission had approved the three sites.
Mr. Erwin stated that the letter indicated that the applicant agreed with the continuance "with
the agreement that a decision will be made by the City of Palm Desert at that time." He said
he did not think that condition should be included in the continuance.
Councilman Spiegel moved to continue this matter to the meeting of July 11, 1996, with no
agreement that a decision will be made by the City of Palm Desert at that time. Motion was seconded by
Benson and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF FISCAL YEAR 1996/97 ASSESSMENTS FOR
PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT ZONES 1
THROUGH 14.
Mr. Folkers reviewed the staff report and stated that Mr. Bassler of his staff was available
to answer any questions.
Councilman Spiegel asked why there was so much opposition from the Palm Desert Country
Club area. Mr. Folkers responded that there may have been some confusion as far as the
former County Service Area (CSA) and the fact that homeowners are paying homeowners
dues, etc. Mr. Bassler added that notice had been provided to 1,745 parcels in Palm Desert
Country club. Only 20 protests had been received, representing 1 % of the properties noticed.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR or OPPOSED
to this request.
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MS. JULIE HAAS, Palm Desert Country Club, stated that she did mind the assessment, but
asked whether it would be placed on her tax bill. Mr. Folkers responded that it would be
part of the property tax billing.
MS. LENA SLAYTON, 77-275 California Drive, expressed concern that there would be
something else added next year to make her taxes go up again.
Mr. Bassler explained that maintenance districts were ongoing. With regard to Palm Desert
Country Club, he said the majority of the costs were for the 326 street lights throughout the
area. He said the cost to provide electricity for those lights was approximately $22,000 per
year, with landscaping maintenance costs at approximately $9,500 per year. He noted that
the art piece at Washington Street was not included in the maintenance district and that it was
a public art piece, not paid for by the homeowners. He added that all properties within Palm
Desert Country Club were, prior to annexation to the City of Palm Desert, being assessed
approximately $18 per year for the CSA by the County. Staff was proposing, based on
monies turned over by the County, to reduce the annual assessment to $11.30 per parcel for
approximately five years, and then to approximately $16.00 per year after that.
Mr. Folkers noted that the only thing to be concerned about with the cost was the electric
energy status. If the cost for electricity goes up, the assessments would reflect that increased
cost.
Councilman Spiegel stated that many years ago the County created an assessment district for
landscaping and lighting and were charging more than they should have been charging. When
Palm Desert Country Club area became part of the City of Palm Desert, there was an excess
of money from the CSA, and the City paid for the costs by using those funds. Now the funds
are used up, and the City must create an assessment district in order to continue maintaining
the landscaping and lighting.
MR. H. A. FRIET, 75-575 Dempsey Drive, stated that his bill from last year was $13.26,
and the proposed assessment for 1996/97 was $204.24. He confirmed with Mr. Folkers that
Hovley Lane was part of the assessment district and stated that for the last one and half years
the landscaping on Hovley Lane between Hemingway Court and Carlotta was really bad. He
said there was no water and no electricity because the City did not pay its bills. Many plants
dies, but the homeowners were still assessed. He said he felt this was an exorbitant increase
in the assessment when the homeowners were not receiving the service.
Mr. Bassler stated that the property in question was the Primrose 2 subdivision developed by
Starkey Development. One of the development conditions was that the developer install
certain improvements on Hovley. The electric and water meters were recently assumed by
the City, and all were in the name of the development company. He said that up until a few
weeks ago, the City had not been providing any services or charging for them. The City was
notified by some residents that things were really bad out there. Staff went out and found
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that the water meter had been turned off because of a break in the water line. In addition,
the electric meter needed to be inspected.
Councilman Spiegel asked whether the 37 homeowners in this subdivision could put together
their own homeowners association to provide for the landscaping and lighting. Mr. Bassler
responded that this has always been an option for homeowners; however, it has not happened
in the past.
Upon question by Councilmember Benson regarding the increased assessment for the
Primrose 2 subdivision, Mr. Basler stated that staff was looking at an annual budget of
$7,000 to maintain the landscaping and lighting for one year including a one year reserve.
Mr. Diaz asked whether the assessment would be less next year, and Mr. Bassler responded
that it would be lower by approximately $40.00.
A representative from the engineering firm addressed Council and stated that the assessment
in Primrose 2 was made up of two components. He said they were part of Zone 5 at large,
which pays the $13.26 per year. They are also a subzone within Zone 5 for the maintenance
of their landscaping along their tract, and that part of the assessment is approximately
$190.00. That $190.00 was also to collect a full reserve amount this year, and next year
when it will not be necessary to collect the reserve, they will have the $13.26 plus
approximately $150.00, barring any unusual expenses for something that comes up
unforeseen. He added that within Zone 5 there were now three subzones: Sandcastle, Desert
Mirage, and Primrose 2.
Mayor Snyder declared the public hearing closed.
Mr. Bassler noted the following protests had been received:
- District #3, 132 parcels, zero protests received
- District #4, 172 parcels, zero protests received
-Primrose 2, 37 parcels, one written and one oral protest
-District #6-Monterey Meadows, 40 parcels, one written protest
-District #6-Hovley Estates, 16 parcels, six written protests representing 37.5 % protest but
not a majority protest
- District #10, 11 parcels, zero protests received
- District #13, formation of Palm Desert Country Club district, 1745 parcels, 20 protests
representing 1 % of properties but not a majority protest
Councilmember Benson moved to: 1) Waive further reading and adopt Resolution No. 96-43,
approving the final levy report as presented or amended; 2) waive further reading and adopt Resolution No.
96-44 ordering the levy and collection of assessments as approved. Motion was seconded by Kelly and
carried by unanimous vote.
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C. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER' S/RDA EXECUTIVE
DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 1996/97.
Mr. Diaz reviewed the staff report, noting that this was a joint City Council/Redevelopment
Agency Board public hearing. With regard to the City's budget, he said staff was looking
at a philosophy of improving the existing infrastructure while having controlled growth. For
that reason, there was a tremendous increase in the amount of funds being allocated to
revitalization of existing streets and public facilities as well as expansion of the master street
program. In addition, the budget included funds for the following:
- development of new recreation facilities/soccer complex at Hovley Avenue
- improvement of the existing sports complex at Cook Street at the Palm Desert High School.
- to assure that our library hours will not be reduced but will continue to be maintained at 48
hours per week as opposed to the 32 hours per week as seen throughout the County library
system.
- expansion of the summer concerts in the park which have been so successful this year.
- over 25 % of the budget for police and fire services.
Mr. Diaz stated that the City would not be in the red and would be able to increase its
reserves somewhat.
With regard to the Redevelopment Agency budget, Mr. Ortega stated that a great majority
of funds would be spent on public improvements such as the interchanges at Monterey
Avenue and Cook Street. He said there was a substantial amount of money budgeted to pay
for facilities we have built such as the Civic Center Park, Multi Agency Library, and
Sheriffs Station. He noted that the big expenditure for next year were the Agency's
continuing efforts to develop the Desert Willow project across the street from the Marriott.
In addition, staff was looking at marketing the City's low and moderate income housing.
On behalf of the City Council/Agency Board, Mayor/Chairman Snyder commended staff and
the City's committees and commission for their efforts in getting the City of Palm Desert to
where it is today.
Mayor/Chairman Snyder declared the public hearing ogen and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing cloms.
Councilman/Member Spiegel noted for the benefit of the audience that the City
Council/Agency Board has an open session where the members review every item in the
budget before it is put together and brought back for the Council/Agency Board to approve.
He stated that the City's budget was $22,121,000 to run the City. Of that amount, the largest
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expense it the Police Department at $6,477,000. Revenues were conservatively estimated at
$22,889,000, approximately $700,000 more than expenses. He said if there were ever a
disaster in the City, there are funds in the bank to run the City and get it back in shape. He
commended staff as being the people who make the budget work. He added that
approximately $13 million of the revenues are from sales tax and hotel occupancy tax.
Councilman/Member Kelly moved to: 1) Approve the factors used in calculating the Gann Limit
per discussion and waive further reading and adopt City Council Resolution No. 96-45, adopting the 1996/97
Appropriation Limit at $37,065,495 as per calculation; 2) waive further reading and adopt City Council
Resolution No. 96-46, adopting a program and financial plan for the Fiscal Year July 1, 1996, through June
30, 1997; 3) waive further reading and adopt Redevelopment Agency Resolution No. 3.22 approving the
1996/97 Fiscal Year Budget for the Redevelopment Agency; 4) waive further reading and adopt City Council
Resolution No. 96-47 setting the q212ry schedule, calory ranges, and allocated classifications and approving
a five-year memorandum of understanding between the City and PDEO. Motion was seconded by Benson
and carried by unanimous vote.
XVII. ORAL COMMUNICATIONS - D
MR. STEVE NAGLE, an instructor at College of the Desert, addressed the Council and noted that
he had brought his Government Class to the meeting to see how a City Council meeting is
conducted.
XVIII. ADJOURNMENT
With Council concurrence, Mayor Snyder adjourned the meeting at 7:50 p.m. to Closed Session
to continue discussions begun earlier in the meeting.
Mayor Snyder reconvened the meeting at 8:25 p.m. and immediately adjourned to 10:00 a.m. on
Wednesday, July 3, 1996, for a joint meeting between the City Council, Redevelopment Agency, and
Financing Authority.
ATTEST:
MARY P. GA
CITY OF PAL
, DEPUTY CITY CLERK
DESERT, CALIFORNIA
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